[2024] KEHC 12779 (KLR)
The court determined that since the deceased and the beneficiaries hail from the geographical jurisdiction of Maseno Senior Principal Magistrate’s Court, and this was confirmed by the area Chief's letter, it is appropriate and in accordance with the law of succession and jurisdictional principles to transfer the...
Source-derived case information.
- Citation
- [2024] KEHC 12779 (KLR)
- Parties
- Applicant: Jorim Aggrey Obiero; Applicant: Rose Atieno Obiero
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 239 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
- Outcome
- succession cause transferred to maseno spm's court; kisumu file closed
- Judges
- RE Aburili
- Legal Topics
- Succession, Jurisdiction of Court, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jorim Aggrey Obiero
Applicant
Rose Atieno Obiero
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Succession Cause
Legal Issues
- 1 Whether the Kisumu Chief Magistrate's Court has jurisdiction to hear the succession cause given the geographical location of the deceased and beneficiaries.
- 2 Whether the succession cause should be transferred to Maseno Senior Principal Magistrate’s Court.
Ratio Decidendi
The court determined that since the deceased and the beneficiaries hail from the geographical jurisdiction of Maseno Senior Principal Magistrate’s Court, and this was confirmed by the area Chief's letter, it is appropriate and in accordance with the law of succession and jurisdictional principles to transfer the succession cause from Kisumu Chief Magistrate’s Court to Maseno SPM’s Court for hearing and determination. The transfer ensures that the matter is heard in the proper forum, facilitating convenience and compliance with statutory requirements.
Court Disposition
succession cause transferred to maseno spm's court; kisumu file closed
Orders
- Kisumu CM Succession Cause No. E351 of 2024 is transferred to Maseno Senior Principal Magistrate’s Court for hearing and determination.
- The original file to be transmitted to Maseno SPM’s Court via e-portal.
Full Case Text
Judgment text and source record
24 paragraphs
In re Estate of Jacob Naboth Obieo Ahono alias Jacob Obiero (Deceased) (Miscellaneous Succession Cause 239 of 2024) [2024] KEHC 12779 (KLR) (24 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12779 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 239 of 2024
RE Aburili, J
October 24, 2024
N THE MATTER OF THE ESTATE OF JACOB NABOTH OBIEO AHONO alias JACOB OBIERO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY JORIM AGGREY OBIERO and ROSE ATIENO OBIERO - PETITIONERS
In the matter of
Jorim Aggrey Obiero
1st Petitioner
Rose Atieno Obiero
2nd Petitioner
((Arising from Kisumu Chief Magistrate’s Court Succession No. E351 of 2024))
Ruling
1. The Petitioners Jorim Aggrey Obiero and Rose Atieno Obiero sought for grant of letters of administration intestate to administer the estate of Jacob Naboth Obieo Ahono alias Jacob Obiero (deceased) vide Kisumu CM Succession Cause No. E351 of 2024.
2. They paid full court fees for filing of the petition on 11th October 2024.
3. However, the file was brought to this court by the Chief Magistrate’s court seeking for transfer of the Succession Cause to Maseno SPM’s court on account that the deceased and beneficiaries hail from the geographical jurisdiction of Maseno SPM’s court.
4. This is evidenced by the letter dated 30th August 2024 by the Chief, North Kisumu Location, Nyahera Sub-location introducing the estate, beneficiaries and assets.
5. For the above reason, I hereby transfer Kisumu CM Succession Cause No. E351 of 2024 to Maseno Senior Principal Magistrate’s Court for hearing and determination.
6. The original Kisumu CM Succession No. E351 of 2024 to be transmitted to Maseno SPM’s court via e-portal, with copy of this order being served upon the Petitioners notifying them of the transfer of the cause, by Maseno court upon receipt of the transferred file.
7. This file is closed.
8. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF OCTOBER, 2024R. E. ABURILIJUDGE